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Virginia’s Go To Lawyers – Employment Law: Andrew P. Sherrod

sherrod_andrewAndrew P. Sherrod


BA, Hampden-Sydney College
JD, University of North Carolina at Chapel Hill

Best known for:

Employment counseling and litigation. I am frequently called upon to represent companies and high-level executives in departure scenarios, often involving restrictive covenant issues. I also regularly represent companies in sensitive workplace investigations, including claims of sexual harassment.

Signature case or representation:

Some of my favorite and most typical engagements involve representing middle-market companies as they grow in headcount and expand operations into different parts of the country. I serve as a partner with the company’s HR Director or General Counsel to craft employment agreements, restrictive covenants, and policies to meet their evolving needs, as well to provide day-to-day advice on personnel matters and defense of claims when they arise. Frequently, I will be introduced to a company in a moment of turmoil. For example, I was hired by a company to investigate and defend a sexual harassment claim. Following the successful resolution of that claim, I have continued to provide counsel on a variety of HR matters and have also enforced the company’s restrictive covenants when employees have departed for a competitor. Working closely with companies to navigate the entire lifecycle of the employment relationship is truly enjoyable and never dull.

Other important cases:

I successfully represented a regional business in a Department of Labor investigation into whether the company had properly classified the majority of its workforce under the Fair Labor Standards Act. I was able to satisfy the DOL that the workers were properly classified, thus avoiding significant potential liability for unpaid overtime.

I obtained summary judgment in a federal ERISA lawsuit in favor of an accounting firm sued by a former employee and shareholder who claimed the firm owed him substantial additional retirement benefits.

I represented a financial services professional accused of breach of fiduciary duty, misappropriation of trade secrets, violations of the Computer Fraud and Abuse Act, and tortious interference, among other claims, after she joined a competing firm. Federal lawsuit resolved by agreement.

Working with clients:

I always try to begin with my clients’ ultimate goal in mind and then craft an effective and efficient strategy to help them get there. I offer pragmatic advice that focuses on business objectives and company culture. Even when the law says you can do something, that doesn’t always mean you should do it.

Best career advice:

Really get to know your client’s business, inside and out. That will help you give better legal advice and will also strengthen the client relationship. Also, it goes without saying, but be responsive. Clients expect you to be there when they need you, no matter the time or day.

Outlook for 2021:

I expect that we will continue to field many questions related to COVID-19 and related workplace safety issues as companies start to bring their people back into the office. Vaccine issues have been a hot topic recently. I also expect to see more employment discrimination cases getting filed in Virginia circuit courts following last year’s Virginia Values Act that greatly expanded the scope of Virginia employment claims and remedies.